Amazon’s New Terms of Service for Sellers: Paragraph 7: Warranty of Fitness for a Particular Purpose
Amazon recently released a new Terms of Service (TOS). Paragraph 7 of the new Participation Agreement focuses on the Disclaimer and General Release. There is a lot of legal jargon on this provision that needs to be explained further.
WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
What does “fitness for a particular purpose” mean?
All Amazon sellers have the responsibility to know their products by heart. They should know what particular purpose each of their products serves. Buyers rely on their expertise. Hence, if a product was found not suitable for the particular purpose for which the buyer bought the item, the seller will be held in violation of the “Warranty of Fitness for a Particular Purpose.”
For example, what if you wanted to buy a specific bike for a certain type of mountain terrain and you made this known to the bike seller. However, it turned out that the bike you bought is not suitable for that terrain. Then, the seller of the bikes will be deemed to be in breach of “Warranty of Fitness for a Particular Purpose.”
If the buyer decides to file a complaint, the seller will be at risk of a possible Amazon account suspension. If Amazon believes that harm was inflicted, they can even render the suspension right away, without any notification.
Should you encounter this issue as an Amazon seller, a thorough and persuasive Plan of Action is needed to make sure your account gets reinstated quickly. Seeking professional help is a must to ensure your case gets handled efficiently.
AmazonSellersLawyer.com has experienced lawyers who are ready to lend sellers a helping hand when issues like this arise. We have highly-effective and proven strategies that can help get your business running again.
Call today for a free consultation: 1-877-9-SELLER.
Please make sure you watch all of our videos regarding the loopholes Amazon created in the new TOS.